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I've looked hard, and I can't find a Constitutional 'right' to gay marriage

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Posted: Wednesday, November 19, 2008 10:00 pm

Proposition 8 was passed by California voters by a full 5 percentage points on an election day that also saw California voters overwhelmingly support Barack Obama.

Clearly this was an issue that Californians supported regardless of party affiliation or race as Californians turned out in record numbers.

Opponents of Proposition 8 continue to make the case that gay marriage is, presumably, a Constitutional "right." After checking and rechecking the copies of the United States Constitution and the Bill of Rights that hang in my home office, I can say, without reservation, that there is NO Constitutional right for gays to marry. Actually, there is no "right" for anybody to marry anywhere in these two documents. I guess about the closest the Constitution comes to allowing same-sex marriage is the 14th Amendment and its equal protection under the laws provision. Having that be the main argument for gay marriage, though, is more than a bit of a stretch, in my humble opinion.

The passage of Proposition 8 also does not in any way conflict with anybody's right to life, liberty or the pursuit of happiness.

When most gay marriage supporters claim it to be a "right," they almost universally mean it to be a "natural" right, which can be argued to mean just about anything, as opposed to a "legal" right, which is codified into legal statute by some form of legislature.

Since gay marriage had only been legal in California since mid-May of this year when the California Supreme Court, in a 4-3 decision, overturned a state ban, the incredible outrage in the gay community over Proposition 8's passage is in my opinion somewhat curious.

If Prop. 8 does in the future happen to be overturned either by the courts or by another vote of the people, and gay marriage is decided to be the law of the land, this may well open the doors for unintended, or even intended consequences.

With the California Teacher's Association, for whatever reason, deciding to not only come out against Prop. 8, but contribute $1 million to try to defeat it, most logical beings would then assume that when and if gay marriage becomes the norm, that homosexual sex education would then find its way into public schools.

Does anybody really believe the gay communities in San Francisco and Los Angeles will be satisfied with just the "right" to marry.

If the state of California officially sanctions gay marriage, does that not imply a sanctioning of homosexual sex? After that, it is absolutely within the realm of possibility that the CTA may then feel not only is it the duty of the schools to instruct students into the proper manner of engaging in gay sex, but an absolute necessity, if not a moral imperative.

While I do not claim to be an expert in how the public school system is run, it is my belief that sex ed is taught in 9th or 10th grade. Parents are allowed to excuse their children from the program, but it is the parents who are given the burden of notifying the schools that that is their wish.

As California's most famous gay marriage advocate, San Francisco Mayor Gavin Newsom says … "like it or not!"

J. Kurt Roberts can be reached at

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